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EXPLOSIVES ACT 1875 - SECT 121

1851 c.94

121. Except as by this Act expressly provided, all penalties imposed under
this Act in Ireland shall be applied in manner directed by the
Fines (Ireland) Act, 1851, and any Acts amending the same.

S.122 rep. by SLR 1893 (No. 2)

(1) The quantity of gunpowder or ingredients to be made into gunpowder to be
at one time under any single pair of mill stones or rollers or runners shall
not exceed fifty pounds as respects sporting and Government powder, and sixty
pounds as respects all inferior powders; and every incorporating mill or group
of incorporating mills shall be provided with a charge house for the store of
mill charges properly constructed of stone or brick, and situate at a safe and
suitable distance from each incorporating mill or group of incorporating
mills.

(2) The quantity of gunpowder to be subjected to pressure at one time in any
press house shall not exceed ten hundredweight.

(3) The quantity of gunpowder to be corned or granulated at one time in any
corning or granulating house shall not exceed twelve hundredweight.

(4) The quantity of gunpowder to be dried at one time in one stove or place
used for the drying of gunpowder shall not exceed fifty hundredweight.

(5) The respective quantities to be at any one time in any press house or
corning or granulating house shall not exceed twice the respective quantities
hereby allowed to be subjected to pressure and to be corned or granulated at
one time; and the quantity to be at any one time in any drying house or
dusting house shall not be more than is necessary for the immediate supply and
work of such house; and for the purposes of this provision any building used
with any such press house, corning or granulating house, drying house or
dusting house, shall be deemed part thereof, save only magazines constructed
with stone or brick and situate forty yards at least from every such press
house or other house as aforesaid (herein-after distinguished as expense
magazines), and save only the stove in which the powder which has been dried
may be cooling.

(6) Every person keeping or using any mill for the making of gunpowder shall
have (in addition to the expense magazines) a good and sufficient
factory magazine or magazines, situate (unless otherwise authorised by a
certificate of the Secretary of State under the Gunpowder Act, 1860) at least
one hundred and forty yards distant from the mill or mills and every press
house and other house or place used for or in the making of gunpowder, such
magazine or magazines to be well and substantially built with brick or stone,
and situate in such place as may have been lawfully used or duly licensed by
justices before the commencement of the Gunpowder Act, 1860, and not made
unlawful by that Act, or may have been after the commencement of that Act duly
licensed under the Gunpowder Act, 1860.

(7) No maker of gunpowder shall keep or permit to be kept any charcoal within
twenty yards of any mill or other engine for making gunpowder, or of any press
house, or drying, corning, or dusting house or other place used in or for the
making of gunpowder, or any magazine or storehouse thereto belonging.

(1) The store shall be exclusively for the use of a mine, quarry, colliery, or
factory for safety fuzes.

(2) The amount of gunpowder in the store shall not exceed, if the store is
well and substantially built of brick or stone, four thousand pounds, and in
any other case three hundred pounds.

(3) Where the amount of gunpowder in the store exceeds three hundred pounds,
such store shall, unless otherwise authorised before the passing of this Act
by a certificate of the Secretary of State, be within two hundred yards of the
mine, quarry, colliery, or factory for safety fuzes, or one of the mines,
quarries, collieries, or factories for safety fuzes for the use of which such
gunpowder is kept, and not within two hundred yards of any inhabited house
without the consent in writing of the occupier of such house.

(4) Where such certificate has been given, the conditions on which it was
given shall be duly observed as if they were contained in this schedule.

(5) Where the amount of gunpowder does not exceed three hundred pounds, the
store shall be within two hundred yards of the mine, quarry, colliery, or
factory for the use of which it is erected, and unless it was erected and used
for the said purpose before the passing of the Gunpowder Act, 1860, shall not
be within two hundred yards from any inhabited house without the consent in
writing of the occupier of such house.

(6) The store shall not be ... within any borough or market town or one mile
of the same, or within two miles of any palace or house of residence of Her
Majesty, her heirs and successors, or within two miles of any gunpowder
magazine belonging to the Crown, or within half a mile of any parish church.

With respect to arbitrations under this Act, the following provisions shall
have effect:

(1)The parties to the arbitration are in this section deemed to be the
occupier of the factory, magazine, or store on the one hand, and on the other
the government inspector (on behalf of the Secretary of State):

(2)Each of the parties to the arbitration may, within twenty-one days after
the date of the reference, appoint an arbitrator:

(3)No person shall act as arbitrator or umpire under this Act who is employed
in or in the management of or is directly or indirectly interested in the
manufacture, trade, factory, magazine, store, business, or premises to which
the arbitration relates, or is in any manner interested directly or indirectly
in the matter to which the arbitration relates:

(4)The appointment of an arbitrator under this section shall be in writing,
and notice of the appointment shall be forthwith sent to the other party to
the arbitration, and shall not be revoked without the consent of such other
party:

(5)The death, removal, or other change in any of the parties to the
arbitration shall not affect the proceedings under this section:

(6)If within the said twenty-one days either of the parties fail to appoint an
arbitrator, the arbitrator appointed by the other party may proceed to hear
and determine the matter in difference, and in such case the award of the
single arbitrator shall be final:

(7)If before an award has been made any arbitrator appointed by either party
die or become incapable to act, or for fourteen days refuse or neglect to act,
the party by whom such arbitrator was appointed may appoint some other person
to act in his place; and if he fail to do so within fourteen days after notice
in writing from the other party for that purpose, the remaining arbitrator may
proceed to hear and determine the matters in difference, and in such case the
award of such single arbitrator shall be final:

(8)In either of the foregoing cases where an arbitrator is empowered to act
singly, upon one of the parties failing to appoint, the party so failing may,
before the single arbitrator has actually proceeded in the arbitration,
appoint an arbitrator, who shall then act as if no failure had been made:

(9)If the arbitrators fail to make their award within twenty-one days after
the day on which the last of them was appointed, or within such extended time
(if any) as may have been appointed for that purpose by both arbitrators under
their hands, the matter in difference shall be determined by the umpire
appointed as hereinafter mentioned:

<(10)The arbitrators, before they enter upon the matters referred to them, shall appoint by writing under their hands an umpire to decide on points on which they may differ:


<(11)If the umpire die or become incapable to act before he has made his award, or refuses to make his award within a reasonable time after the matter has been brought within his cognizance, the persons or person who appointed such umpires shall forthwith appoint another umpire in his place:


<(12)If the arbitrators refuse or fail or for seven days after the request of either party neglect to appoint an umpire, then on the application of either party an umpire shall be appointed by the chairman of the quarter sessions of the peace within the jurisdiction of which the factory, magazine, or store is situate:


<(13)The decision of every umpire on the matters referred to him shall be final:


<(14)If a single arbitrator fail to make his award within twenty-one days after the day on which he was appointed, the party who appointed him may appoint another arbitrator to act in his place:


The arbitrators and their umpire or any of them may examine the parties and
their witnesses on oath, they may also consult any counsel, engineer, or
scientific person whom they may think it expedient to consult:

<(15)The payment, if any, to be made to any arbitrator or umpire for his services shall be fixed by the Secretary of State, and together with the costs of the arbitration and award shall be paid by the parties, or one of them, according as the award may direct.  Such costs may be taxed by a master of one of the superior courts, who on the written application of either of the parties, shall ascertain and certify the proper amount of such costs.  The amount, if any, payable by the Secretary of State shall be paid as part of the expenses of inspectors under this Act.  The amount, if any, payable by any other party may in the event of non-payment be recovered in the same manner as penalties under this Act.


Do., 



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